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Home My WebLink AboutCC Min 2010-03-22Seal Beach California March 22, 2010 Mayor Sloan called the adjourned meeting of the Seal Beach City Council to order at 6:00 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Sloan Council Members Antos, Levitt, Miller, Shanks Also present: David Carmany, City Manager Quinn Barrow, City Attorney Linda Devine, City Clerk CLOSED SESSION The Mayor stated that this would be the time for members of the public to comment on the items identified on the agenda, there were no speakers. The City Attorney announced that the City Council would meet in closed session to discuss the items identified on the closed session agenda: Item "A" - pursuant to Government Code Section 54956.9(b) - conference with legal counsel - anticipated litigation (2 cases) and Item "B" - pursuant to Government Code §54956.8 - conference with real property negotiator (property generally known as the "DWP site" located westerly of First Street and easterly of the San Gabriel River, Seal Beach). ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn at 6:45 p.m. The City Attorney reported during the regular City Council meeting that the City Council met in closed session and did not discuss or consider item "B" and there was no reportable action was taken regarding item "A ". A , " -,/, , , "- ity lem City of Seal Beach Mayor Attest: City Clerk Page 2 - City Council 03/22/10 Seal Beach California March 22, 2010 The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor Sloan calling the meeting to order and Mayor Pro Tern Levitt leading the Salute to the Flag. ROLL CALL Present: Mayor Sloan; Council Members: Antos, Levitt, Miller, Shanks Staff: David Carmany, City Manager Quinn Barrow, City Attorney Chief Jeff Kirkpatrick, Seal Beach Police Department Terrence Belanger, Interim Director of Public Works Robbeyn Bird, Director of Administrative Services/Treasurer Mark Persico, Director of Development Services Jill Ingram, Assistant to the City Manager Chief Joe Bailey, Seal Beach Lifeguard Department Battalion Chief John McMaster, OC Fire Authority Linda Devine, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES The City Manager stated that item "P" - public hearing on the Water Rate Adjustment will be continued to April 12th meeting. Mayor Sloan announced that item "R" (update report on McGaugh swimming pool and item "S" (report and City response letter to ARCO's corrective action plan) were reordered to be considered after "Oral Communications ". Items requested to be pulled from consent calendar - Shanks item "N" - Levitt item "D" - Miller items "J ", "L ", "M ", and "O ". Shanks moved, second by Antos to approve agenda as amended. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS /RECOGNITIONS . WAVE Awards - SBTV3 Mayor Sloan introduced Robin Fort- Lincke, SBTV3 Coordinator who presented the WAVE (Western Access of Video Excellence) awards that were given out at the annual conference. Producers of Studio Cafe and Ocean Perspectives both received recognition - Brian Wilson Memorial Award (mentorship) recipient was Robin Fort-Linke - SBTV3 Achievement Award recipient was Dick Davies (Board president and District 5 representative - Levitt). ORAL COMMUNICATIONS Mayor Sloan declared Oral Communications to be open. Speakers: Laura Herzog, Joint Forces Training Base public affairs representative, encouraged people to participate in the American Red Cross blood drive on April 2nd and to sign -up for training in the CERT program; Alison Cotter, Island View Drive, clarified the petition that was turned -in was to save all 3 tennis courts at McGaugh School; Carla Watson, Catalina, reminded everyone that Founder's Day sweatshirts are on sale at the pier on Saturdays and stated she wants to save both the pool and tennis courts at McGaugh; Seth Eaker, Seal Beach Chamber /13th Street resident, congratulated the WAVE award recipients - commented on the successful opening of fire station #48, the 3rd annual health fair, the Car Show (April 24th), agenda item "D" (Campaign finance ordinance), and the community meetings on Title 11 - Zoning Code; Robert Goldberg, Clipper Way, commented on item "N" (report on Jan. 2010 weather event) need to determine the cause of the flooding and correct it (distributed copies of a map for flooding areas in Bridgeport) - need to have an updated report from the 1 ,7 1 Page-3 City Council 03/22/10 consultant who prepared the storm drain master plan; Paul Yost, Schooner Way /former Seal Beach City Councilman, stated the same concerns on the flooding in the Bridgeport area; (Mayor Sloan indicated that item "N" was pulled off the consent calendar and will be considered after "Oral Communications'); Eldon Alexander, 8th Street, commented on item "O" (2009 Concrete Report) - inquired about the CC & R's and /or Homeowners' Association for the Bridgeport area (are they responsible for their own sidewalks, curbs, and gutters) and item "N" (Bridgeport flooding issue) - noted that the water receded after the rain stopped; Joan Lyon, Corsair, stated she was lead to believe the flooding issue was solved but her car that was parked in the street was flooded - need to resolve this issue; Cindy Ludwig, Bridgeport, stated something needs to be done about the flooding in the Bridgeport area. There were no other speakers - Mayor Sloan declared Oral Communications closed. ITEM "N" / JANUARY 2010 WEATHER EVENT FOLLOW -UP REPORT / BRIDGEPORT NEIGHBORHOOD A staff report was given by the Interim Director of Public Works. Summary: The Bridgeport neighborhood experienced extremely high levels of rainfall, within a very compressed timeframe. The quantity of rain which fell in about an hour time period caused neighborhood flooding. The report answered several questions that were posed, by neighborhood residents and business owners. Topics covered in the report: West End Pump Station Watershed Area - the January 19th Storm Event - Storm Drain Monitoring - 2002 West End Pump Station Improvements Report. Nine speakers expressed their concerns and opinions about the Bridgeport area storm flooding problem. Council comments: Need to determine how to address future flooding; provide a reverse 911 warning to residents in the problem areas; Councilmember Miller remarked College Park East residents share the same problems with areas flooding and there needs to be an evaluation of the City's entire storm drain system; re- evaluate the Ad Hoc Storm Drain Master Plan; homeowners need to take responsibility for their own protection. With no objections, Mayor Sloan directed the City Manager to have a report prepared with a recommended corrective action plan for the flooding issues. ITEM "S" / REPORT ON ARCO'S CORRECTIVE ACTION PLAN / CITY RESPONSE LETTER The City Manager thanked the following for their involvement and efforts in the process: the Bridgeport community, Technical Advisory Committee JAC), Environmental Quality Control Board (EQCB), City Engineer, City Attorney's office, and representatives from OC Health Care Agency. An overview presentation of ARCO's Corrective Action Plan was given by Peter Quinlan, consultant from Dudek - (copy of the full presentation is on file in the City Clerk's office) Areas covered: history of releases, historical remedial actions, maps showing affected area, clean up objectives, keys to effectiveness, cost estimates and effectives, and presented the alternative remediation technologies considered in the Corrective Action Plan (CAP): 1) full site excavation and off - site Soil Vapor Extraction (SVE) - timeframe: approximately 1 year; 2) on -site Air Sparging (AS) and on -and off -site SVE - timeframe: 2 to 5 years; 3) on -site In- Situ Chemical Oxidation (ISCO) and on -and off -site SVE - timeframe: 2 to 5 years; 4) on -site Dual Phase Extraction (DPE) and off -site SVE - timeframe: 2 to 6 years. With no objections Mayor Sloan called for a recess at 8:35 p.m. and reconvened the meeting at 8:45 p.m. Council comments: Prefer remedial alternative #1 (excavation with timeframe of 1 year); area too contaminated and need to demolish and remove the gas station; report too technical (need to be in layman language); no where ARCO was mentioned as being the cause of the problem and needs to be accountable (financially); ARCO has been dealing with contamination problem over 26 years; need permanent solution - remove structure and major dig should encompass as Page 4 - City Council 03/22/10 much of the site area as possible and at least down to 10 feet deep. The Mayor commended everyone involved for the work they are doing on this issue and stated we should quit talking about this and getting going on a corrective action plan. Eight members from TAC and the Bridgeport community spoke on the issue and TAC presented Council written recommended changes to the City's comment letter to ARCO's Preliminary Corrective Action Plan (CAP). " *Amended at 04112110 City Council Meeting to add the following comment. Mario Voce of the Environmental Quality Control Board reported that the recommendation by EQCB was an error because they did not have the technical expertise of Dudek, Stan Tec, or TAC and most importantly members of the community at their meeting. Shanks moved, second by Sloan, to authorize the City Manager to confer with the consultant and city attorney's office to incorporate recommended language changes to the comment letter provided by TAC - test up to 15 feet - demo and remove gas station (structure) - sign and send the letter by the March 31st deadline. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "R" / UPDATE REPORT / MC GAUGH SWIMMING POOL The Assistant to the City Manager stated that at the direction of the City Council this item was continued from the February 22nd meeting to provide a more comprehensive evaluation of the pool facility and the feasibility of repairing the pool - staff will walk Council through the staff report (full report filed in the office of the City Clerk) and Greg Cannon, consultant with Rowley International, Inc. was present to answer any questions regarding the current status of the pool and Richard Sanchez from the OC Health Care Agency was also present to answer questions - Council was asked to provide direction to staff regarding the continued operation of the pool with special directions in regards to the necessary repair of the pool and facility - keeping in mind that depending on the direction given, staff will need to work in conjunction with the school district and the Recreation and Parks Commission regarding the impact of any of the options in the staff report. The Community Services Supervisor provided an overview of the McGaugh pool's current condition and the options for council consideration: 1) Replace pipes only - cost: $330,000; 2) Replace pipes and mechanics - cost: $840,000; 3) Replace pipes, mechanics, and deck - cost: $1,300,000; and 4) complete demolition of pool site - cost: $200,000. Council comments: OC health department has concerns regarding the current piping system; Dept. State Architect (DSA) office would be involved in any of the options (time delay); cannot justify to city residents allowing the loss of water (10,000 gallons per day) and cost to continue; finish recreation schedule and find alternatives for those daily swimmers; the life expectancy of the current pool is long overdue; need to close and level the pool area, re -look at alternate sites, and negotiate to keep the 3 tennis courts with the school district; on -going maintenance and repair are not working; there are no alternate sites proposed for replacing the pool; need to keep a community pool; everyone in the city uses the pool; need to build a new pool; not opposed to spending $300,000 for repairs and limping along until the next stage; there are more problems than just the water leaking (compliance issues: ADA, restrooms, drains, etc.); need to appeal to the State that this is an emergency and waive some of the requirements; stop using the pool and apply for repair work; do not give up the current pool site until another site is acquired; there are unknown costs to be considered with any of the options. Richard Sanchez, OC Health Care Agency, indicated it takes about 20 days to turn around a permit request - Greg Cannon, Rowley International, Inc., answered questions regarding the DSA review process - the process would depend on the level of work being done - one major consideration to keep in mind is that the State has approved the federal Virginia Baker Anti - entrapment Drain Act (AB1020) this gives the county health jurisdiction to enforce the law Page-5 City Council 03/22/10 (need to be compliant by July 1, 2010 - if not, the county can close down the pool until repairs are made - the City is not in compliance at this time). Five speakers expressed their opinions - suggested the City look into purchasing the pool and tennis court site from the school district - do a land swap with the owners of the "DWP" property - do an outreach to the community before doing anything - city needs a pool - pool provides a small revenue for City - pump repair is an easy fix. With no objections Mayor Sloan called for a recess at 10:30 p.m. and reconvened the meeting at 10:40 p.m. Councilman Shanks withdrew his motion to close the pool permanently and stated this item be continued until the next meeting to ensure there is an opportunity for the community to speak and to have a clearer report of the actual water loss (valid figures) with some idea of how long it would take for option #1 (repair pipes only) - inquire from the school district if it is possible to purchase the area where the pool and tennis courts are located. Question regarding Zoeter park as an alternate site for the pool (does not need to be Olympic size) - City Manager stated he could provide the Council with the drawings that were done earlier of the options for different sites. With no objections the Mayor continued this item to April 12th and directed staff to provide additional information. At 10:45 p.m. Mayor Sloan indicated that the two scheduled public hearings will be continued to the next Council meeting on April 12, 2010. Shanks moved, second by Levitt to continue the meeting according to Council Policy #100 -03 section 9 (Council Meeting Time Limits). AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried CITY ATTORNEY REPORT Quinn M. Barrow, Esq., City Attorney Reported on closed session: Council took no reportable action on item "A" and did not consider or discuss item "B" - closed session meeting was adjourned at 6:45 p.m. CITY MANAGER REPORT David N. Carmany, City Manager Thanked Terrence Belanger, Interim Director of Public Works, for his time and work for the City. COUNCIL COMMENTS Councilman Miller wanted to make sure that the storm drain system in College Park East is evaluated when the Bridgeport area storm drain system is evaluated; Councilman Antos commented on Fire Station #48 opening, requested to have information as to when the next cable producers class will start - would like to have policy that the Recreation Commission would review all special events taking place on the beach before approval; Councilman Shanks indicated the state has released the $2M for the project at the First Street parking lot and the bike trail (Rivers and Mountains Conservancy). COUNCIL ITEMS There were no items at this time. CONSENT CALENDAR Antos moved, second by Shanks, to approve the recommended actions on the Consent Calendar as amended - items pulled for separate consideration "D ", "J ", "U', "M", "N ", and "0". AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried A. Approved the Minutes of Regular City Council Meeting of March 8, 2010. Page 6 - City Council 03/22/10 B. Approved the Demands on Treasury. Warrants: 81779 -81979 $982,737.40 Payroll: Direct Deposits & Checks $260,827.20 Year -to -Date: $28,399,044.46 Year -to -Date: $5,471,600.94 Year -to -date are actual cash disbursements and do not reflect actual expenditures due to year -end accruals. C. Received and filed the Monthly Investment Reports: February 2010. D. Removed to separate consideration. (Levitt) *D. Municipal Code - Campaign Finance Ordinance - Waive further reading and adopt Ordinance No. 1592 amending Chapter 2.10 of the Seal Beach Municipal Code adding a contribution limit of $500 per person and limiting one campaign committee per candidate. E. Adopted Resolution No. 5973 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, IN SUPPORT OF THE LOCAL TAXPAYER, PUBLIC SAFETY AND TRANSPORTATION PROTECTION ACT OF 2010" - authorizing the listing of the Seal Beach City Council in support of filing the ballot measure for the November 2010 ballot (Orange County Division, League of California Cities). F. Waived further reading and adopted Ordinance No. 1593 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING SECTION 3.10.010(C) OF THE SEAL BEACH MUNICIPAL CODE REGARDING THE PLANNING COMMISSION MEETING SCHEDULE." The City Attorney read the title for the record. G. Adopted Resolution No. 5969 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA ADOPTING THE SEVEN -YEAR CAPITAL IMPROVEMENT PROGRAM" - Orange County Transportation Authority funding - Measure M. H. Adopted Resolution No. 5974 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA ADOPTING GUIDELINES FOR WATER EFFICIENT LANDSCAPING" - as presented during the adoption of Ordinance No. 1588 (January 11, 2010). I. Adopted Resolution No. 5975 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENTS FOR TENNIS COURTS RESURFACING PROJECT N0. BG1004 (SEAL BEACH TENNIS CENTER)" - (California Surfacing Co., Inc). J. Removed to separate consideration. (Miller) *J. Design Services for Ocean Ave. Alley Pavement Rehabilitation, Project No. WT0902 - Adopt Resolution No. 5976 approving the professional services agreement with AKM Consulting Engineers for design services. K. Adopted Resolution No. 5977 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AMENDING THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF SEAL BEACH AND DUDEK" - approving Amendment No. 1 to contract to increase the "not -to- exceed" amount to $180,000 - Arco will reimburse the City 100% of the cost. D F L 1 Page-7 City Council 03/22/10 L. Removed to separate consideration. (Miller) *L. Citywide Buildings and Facilities Condition Assessment Report - Approve the Request for Proposal for a professional evaluation and an assessment report - direct staff to solicit proposals. (Continued) M. Removed to separate consideration. (Miller) *M. Pavement Management Plan - Approve the Request For Proposal for a professional evaluation and report of the existing network of pavements, identifies deficiencies, and recommends a cost effective system of improvements to relieve existing and future deficiencies - direct staff to solicit proposals. N. Removed to separate consideration and reordered to be considered after "Oral Communications ". (Shanks) *N. January 2010 Weather Event Follow -up Report (Bridgeport Neighborhood) - Receive and file. O. Removed to separate consideration. (Miller) *O. Master Plan for Curbs, Gutters and Sidewalks - Review and approve 2009 Citywide Concrete Inspection Report (December 2009). ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "D" / AMEND MUNICIPAL CODE / TITLE 2 (ELECTION) - CHAPTER 2.10 (CAMPAIGN REFORM) Councilman Levitt pulled the item and stated that section 2.10.010.A. was not necessary and suggested it be removed from the ordinance. Levitt moved, second by Shanks, to adopt as amended Ordinance No. 1592 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA AMENDING TITLE 2 (ELECTIONS) OF THE SEAL BEACH MUNICIPAL CODE TO IMPOSE A $500 LIMIT ON CAMPAIGN CONTRIBUTIONS" - City Attorney read title for the record. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "J" / RESOLUTION NO. 5976 / DESIGN SERVICES / OCEAN AVENUE ALLEY PAVEMENT REHABILITATION / PROJECT NO. WT0902 Councilman Miller pulled this item and inquired about the water main replacement program that was listed in the 2003 water plan report - what areas need to be done, what are the priorities and what will be the costs now in 2010; also inquired about the other water projects that were ahead of this project - have all the projects been completed - the Lampson Well needs to be completed. Response: The majority of the projects listed before the water main replacement has been completed - taking the projects that are considered "high priority ". Miller moved, second by Antos to adopt Resolution No. 5976 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR DESIGN SERVICES FOR THE OCEAN AVENUE ALLEY PAVEMENT REHABILITATION FROM 14TH STREET TO MAIN STREET WT0902 ". AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "L" / CITYWIDE BUILDINGS AND FACILITIES CONDITION ASSESSMENT/ REQUEST FOR PROPOSAL (RFP) Councilman Miller pulled the item and requested to insert a disclosure statement (provided statement in writing to the City Clerk) in the RFP - stated that the word "officer" would mean to include council members. Miller moved, second by Levitt, to add the following language to the RFP: SECTION V. QUALIFICATIONS Page 8 - City Council 03/22/10 STATEMENT SUBMISSION REQUIREMENTS: add number 9 to read as follows: "9. A disclosure of all personal, professional or financial relationships with any officer or employee of the City." and directed staff to solicit proposals. AYES: Antos, Levitt, Miller NOES: Shanks, Sloan Motion carried The interim Director of Public Works indicated that the McGaugh pool and Seal Beach Pier needs to be removed from the list provided in the RFP (page 5). ITEM "M" / PAVEMENT MANAGEMENT PLAN / REQUEST FOR PROPOSAL (RFP) Councilman Miller pulled the item and requested to insert the same disclosure statement in the RFP as previously approved in item "L ". Miller moved, second by Levitt, to add the following language to the RFP: Section II. Scope of Professional Services. The successful firm shall: add letter I to read as follows: "I. A disclosure of all personal, professional or financial relationships with any officer or employee of the City." and directed staff to solicit proposals. AYES: Antos, Levitt, Miller NOES: Shanks, Sloan Motion carried ITEM "O" / MASTER PLAN FOR CURBS, GUTTERS, AND SIDEWALKS / 2009 CITYWIDE CONCRETE INSPECTION REPORT Councilman Miller pulled this item and made a recommendation that any asphalt repairs to curbs, gutters, or sidewalks be given priority status for the next year's concrete repair list (no consensus). Antos moved, second by Shanks, to approve the 2009 Citywide Concrete Inspection Report as presented. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PUBLIC HEARING ITEM "P" / RESOLUTION NO. 5967 / 2010 WATER RATE ADJUSTMENT Mayor Sloan re- opened the public hearing to consider the adoption of Resolution No. 5967 approving the 2010 Water Rate Adjustment. Antos moved, second by Levitt, to continue the public hearing to the April 12, 2010, City Council meeting. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "Q" / ORDINANCE NO. 1594 / ZONE TEXT AMENDMENT 10 -1 / AMEND MUNICIPAL CODE / SECTION 28- 2317.D Mayor Sloan declared the public hearing open to consider the introduction and first reading of Ordinance No. 1594 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING SECTION 28- 2317.D OF THE SEAL BEACH MUNICIPAL CODE ELIMINATING HEIGHT VARIATIONS FOR NON - HABITABLE COVERED ROOF ACCESS STRUCTURES ". Antos moved, second by Shanks, to continue the public hearing to the April 12, 2010, City Council meeting (pursuant to Council Policy #100 -03 - section 9 - Council Meeting Time Limits). AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Page - 9 City Council 03/22/10 UNFINISHED /CONTINUED BUSINESS R. This item was reordered and considered after "Oral Communications ". R. Update Report - McGaugh Swimming Pool - Provide direction to staff regarding the continued operation of the McGaugh Pool, with special direction regarding necessary repairs to the facility and receive and file the report. NEW BUSINESS S. This item was reordered and considered after "Oral Communications ". S. Report and City Response Letter to ARCO's Corrective Action Plan - Authorize the City Manager to sign the letter - Receive and file report. ADJOURNMENT With no objections the Mayor adjourned the City Council meeting at 11:20 p.m. to Monday, April 12, 2010 at 6:00 p.m. to meet in closed session, if deemed necessary - regular meeting scheduled at 7:00 p.m. - joint session with the Planning Commission will follow the business portion of the meeting for a presentation of the "Draft" Title 11 - Zoning. ,A, . �i , ' ap, C ty lerk City of Seal Beach Approved: Mayor Attest: City Clerk 1